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IN THE MATTER OF MITCHELL v. NEW YORK CITY DEPARTMENT OF CORRECTION

Nos. 7426, 340221/10.

94 A.D.3d 583 (2012)

942 N.Y.S.2d 499

2012 NY Slip Op 2947

In the Matter of THOMAS MITCHELL, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 19, 2012.

The hearing officer failed to provide petitioner with a written statement summarizing the testimony of three witnesses who testified in his favor, and failed to state her reasons for rejecting the testimony of those witnesses and of petitioner, in violation of New York City Department of Correction Directive No. 6500R-B § III (C) (38) (d). Respondent is required to comply with its own regulation (see Matter of Bryant v Coughlin...

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